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Agenda 04/25/2017 Item #16A 904/25/2017 EXECUTIVE SUMMARY Recommendation to grant final acceptance of the private roadway and drainage improvements for the final plat of Corsica at Talis Park, Application Number PL20140001402 with the roadway and drainage improvements being privately maintained; acceptance of the plat dedications, and authorizing the release of the maintenance security. _____________________________________________________________________________________ OBJECTIVE: To have the Board of County Commissioners (Board) grant final acceptance of the improvements associated with the Corsica at Talis Park plat, accept the plat dedications, and release the maintenance security. CONSIDERATIONS: 1) On January 6, 2016, the Growth Management Department granted preliminary acceptance of the roadway and drainage improvements in Corsica at Talis Park. 2) The roadway and drainage improvements will be maintained by the project’s homeowners association. 3) The required improvements have been constructed in accordance with the Land Development Code. The Growth Management Department has inspected the improvements and is recommending final acceptance of the improvements. 4) A resolution for final acceptance has been prepared and approved by the County Attorney's Office. The resolution is a requirement of Section 10.02.05 C.3 of the Land Development Code. A copy of the document is attached. 5) This project is within the Tuscany Reserve PUD, Ord. 2003-28, as amended, which has been found to be in substantial compliance. FISCAL IMPACT: The roadway and drainage improvements will be maintained by the project's homeowners association. The existing security in the amount of $148,870.28 will be released upon Board approval. The original security in the amount of $1,637,573.03 has been reduced based on the previous work performed and completed and pursuant to the terms of the Construction, Maintenance and Escrow Agreement dated November 12, 2014. GROWTH MANAGEMENT IMPACT: There is no growth management impact associated with this action. LEGAL CONSIDERATIONS: This item has been approved as to form and legality, and requires a majority vote for Board approval. - SAS RECOMMENDATION: To grant final acceptance of the roadway and drainage improvements in Corsica at Talis Park, Application Number PL20140001402, and authorize; 1. The Chairman to execute the attached resolution authorizing final acceptance of the improvements and acceptance of the plat dedications. 2. The Clerk of Courts to release of the maintenance security. Prepared By: John Houldsworth, Senior Site Plans Reviewer, Development Review Division 04/25/2017 ATTACHMENT(S) 1. Location Map (PDF) 2. Agreement and Bond (PDF) 3. Resolution (PDF) 4. Plat Map (PDF) 04/25/2017 COLLIER COUNTY Board of County Commissioners Item Number: 16.A.9 Doc ID: 2937 Item Summary: Recommendation to grant final acceptance of the private roadway and drainage improvements for the final plat of Corsica at Talis Park, Application Number PL20140001402 with the roadway and drainage improvements being privately maintained; acceptance of the plat dedications, and authorizing the release of the maintenance security. Meeting Date: 04/25/2017 Prepared by: Title: Site Plans Reviewer, Senior – Growth Management Development Review Name: John Houldsworth 03/22/2017 5:32 AM Submitted by: Title: Project Manager, Principal – Growth Management Department Name: Matthew McLean 03/22/2017 5:32 AM Approved By: Review: Growth Management Department Judy Puig Level 1 Division Reviewer Completed 03/22/2017 9:11 AM Growth Management Development Review Brett Rosenblum Additional Reviewer Completed 03/22/2017 9:51 AM Growth Management Development Review Chris Scott Additional Reviewer Completed 03/24/2017 8:23 AM Growth Management Department Matthew McLean Additional Reviewer Completed 03/24/2017 9:09 AM Growth Management Department John Houldsworth Level 2 Division Administrator Skipped 03/21/2017 10:16 AM County Attorney's Office Scott Stone Level 2 Attorney Review Completed 03/24/2017 11:23 AM Growth Management Department James French Additional Reviewer Completed 03/31/2017 10:54 AM County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Completed 04/03/2017 8:39 AM Office of Management and Budget Valerie Fleming Level 3 OMB Gatekeeper Review Completed 04/10/2017 9:28 AM Budget and Management Office Mark Isackson Additional Reviewer Completed 04/13/2017 9:30 AM County Manager's Office Nick Casalanguida Level 4 County Manager Review Completed 04/18/2017 8:26 AM Board of County Commissioners MaryJo Brock Meeting Pending 04/25/2017 9:00 AM COLLIER COUNTY LIJINGSTON ROAD COUNTRY CLUB I 19 LIMNG§T ROAD-E/I � II N 11:3 1 w 'AlL V; PELICAN STRAND NOT TO SCALE LOCA TION MAP I 4 C'CI:�hSTR1J( TION, i1�1:��,1[hfI']E,I`A.hiC']E', AND 1:SA--1gA-'GV AGl3EEIVIE]NT FOR S'hIBDI`v ]L'SI0�1\" IPV[1E';P,C) V>E:M7E1'�'C'� THIS AGRE:EMEhiT entered into this 121h day of Tlovember, 2:014 by KE TALIS PARK PROPIERTCE S, LLC, a Dolman: limited hetbilit:v company (hereinafter "Developer"), THE BOARD OF COtLl VIN COMMISSI WEBS C;F COULTER C1:)UNT Y, FLCRIDA, (hereinafter the `Bomd") and ROETZEL &; ANDIZESS, LP?. ("hereinafter '7�s<;rov✓ A,gexit."). RECITALS: A. Developer :has, simultaneously with The delivery of this A.gnsernent, applied for the approval by the Board- of a. certain phs of a subdiv.iN[on to be knolvn as Corsica at 'I'alis Park. B. The su.bdivision Evill :include certain improvements which are: required by Collier County ordinances, as set forth in a site construction cont estimate ("Estimate") prepared by Waldrop Engineering, P.A., a. copy of vAich iS at:ta.c]Ied hereto a:nd incorporated herein as Exhibit 1. For purposes of this A€n-eernent, the "Required Improvernents" are limited to chose described in the FCstimate. C. Sections 10,02.05Kj and 10.02.04 of the Collier County Subdivision Code Division of the Unified Land_ Development Code require the D veloper to provide a.p;propriate guarantees for the construction and maintenance of the Required :hnpmmem_ents. I). In conjunction with entering into this escrow agreement (t)e "Escrow Agreement") Developer has dgposiited &t:h ]Escrow .Agent the sum of C)ne Iddhon Six. Hunc�red Thirty Seven Thousand Five and. 01 100 :C)ollars ($1,63 7,`73.03) in Bank of America, Account: No. 0036 6250 4064 to guaranty the completion of the remaining Required Improvements. E. Developer and the Band have acknomdedged that the am ant. Developer is required to guarantee pursuant: to this A_€,reem.ent is Cine 1`✓1[i11ion Six Hundred I'hi;7 y Seven Thousand Five Hundred Seventy Three and 031100 Dollars ($lA3T573.03), and this amount represents 10011 of Me Develo ex's engineer's estimabe of the re,na-ir.ing congluction costs to be incurred to complete the Required limprovernents plus 10 /o of rhe total estiniated cost of the Required ImproverroWs. TUNq TH_ERE:FOR14 in consideration of the t:oregoing prernises and annual covenants hereinafter set forth, Develioper, the Board and the Escrow Agent do horelby covenant and agree as follows: 1. Developer viii] cause the water, sewer, roads, drainage and like facilities, the Required hnpmvern.ents, to be constructed pursuant to specifications that have been approved by the County Manageror his clesignee within eighteen (IS) months fionr the date of approval of said subdivision plat. 8551255_2 1239915.0124 It 2. [)eveloper hereby authoiriizes So= Agent to ]hold One Million Six :Hundred Thirty Seven Thousand Five ]-Gundred. Seventy Three and 0:3/100 Dollars ($1,637,573,0.3) (the '`Escrow Funds"), in eescrowv, pursuarrtt to the terms ofthds Agreement. 3. :Escrow Agent agrees to hold the Escrow Funds, to be disbursed. only pursuant to this Agreement. 4. The Escrow Funds shall be released to he Developer only upon "Eton approval of the County Manager or his designee who shall approve the release of the funds on deposit not more than once a month to the Developer, in amounts due fcir work: done to date based on the percentage completion of the wodc rn implied by the respective work costs; and further. that upon completion of the 'work, the County Manager or his designee shall approve the release of any remaisider of escrowed hinds except to the extent of One Hunched Forty Eight Thousand Eight H_un red Seventy and. 28/100 ]Molars 014E,870.28) which shall remain in escrow as a D,cveloper guaranty ofm_airaenance of the Required Improvements :Fora minimum period of one (1) year pursuant to Paragraph 1110 of the Agreement. ]However, in the event that Developer shall fail to comply w�it:h the requirements of this Agreement, then the Escrow `.gent agrees to pay to the County iiminedieAdy upon dennand. the halance of the funds held in escrov,, by the Escrow Agent, as of the date of the demtancl, provided that upon payment of such balance to the County. the County will have executed and delivered to the EscroW Agent in exchange for such funds a statement to be digned by the County Manager or Ids designee to the effect that: (at) Developer for more than sixty (EO) days after written notification of such failure has .Frilled to cornply with the requirements of this Agreement; (h) 'The County, or its authorized agent, will carnplete the work called for under the terms of the above-mentioned contract or will complete such portion of such work as the County, irt its sone di_scretiion, shall deem necessary in tare public interest to the extent of the, finds then held in escrow; (C) The ewrwx finds drawn down by the County shall be used for construction of the Required Improvements, engineer7ng, leg;a]_ and contingent costs and expenses, and to offset ,arty damages, either direct or consequential, width the County may sustain on account of the failure of the Developer to carry out and execute the above-mentioned development worlk; and (dj The Count, y will promptly repay to the; h►eve;lolper any po.n.ion of the funds drawn down and not expended in completion ofthe said develloprnent ��ork. 5. Written notice to the Escrow Agent by the County specifying what amounts are to be paid to the Developer shall constitute authorization by the County to the Escrow Agent for release of only those specified funds to the Developer. Pay: hent by the Escrow Agent to the Developer of the amounts specified in a. letter of authorization by the Count; to the Escrow 86512552 1239915.01.24 Agent shall cons6tute a release by the County and IlNeloper of the Escrow Agent for the specified bunds disbursed in accordance With the letter of authorization from the County. 6. The Required. lhnprovernents shan't not: becons.idered far preliminary approval until a statement of substantial cornple6on by Developer's engineer along Wth the Eta] project records have been fi mished to be reviewed and approved by the County Manager or his designee for compliancewith the Co1lY County Subdivision Regulations. 7. The County Wager or his designee shall, within sixty (00) days of receipt of the statement of substantial roughebon, either: a) notify the Developer in writing of his preliminary approval of the i nprovernents; or b) notify the, Developer in wridrig of his refusal to approve the improvements, therewith specifying; those conditions m4kch the Developer must falfill in order to obtain the mictoes approval of the Required Irnprovenients. Ilo-Wever. in no event shall the County Nlanager or his designee refuse preliminary approval of the Improvements if they are in fact constructed aid submitted for approval in accordance WS the requirements of this Agreement. 8. Should the funds held- in escrow be insufficient to complete the Required 'Improvements. the Board-, after duly considering the public interest. may at its option complete the Required Inhproverrients and resort to any and all legal remedies agaiinst the Developer. 9. Nothing in this A1;reernent shall rn.alce the Escrow Agent liable for arh.y funds other than those placed in deposit by the Developer in accordance vrith the foregoing provisions: provided, that the Escrmv Agent does not release any monies to the Developer or to any other person except as stated .in this ESc',roa✓ Agreement to include closing the account, or disbursing any funds frorn the accoiumt without first requesting and receiving, xi itten approval from the County. 10. The Developer shall maintain .all Re%dred Improvements for one (1) year after preliminw, approval of the Required :hupuwan ess by the County 14anager or his designee. After the one (1 ) year maintenance period by the Developer ,and upon submission of a written request for inspection, the County lvlan<ger or his designee shall inspect the Required Improvements and, if foinldl to be still in conmpToce with the Code as reflected by final approval by the Board, the Escrow Agent's responsibility to the Board under this Pigreement shall be antomaticalty terminated. The Developer's responsibility for maintenance of the Required Improvements shall] cont:inu.e tumless or until the Wail accepts imaintenance responsibility for and by the Counnty. 11. A11 of die terms, coven -wits and conditions herein contained are amd shad] be binding upon the respective succes cors and assigns of the Developer. 8651255,2 123996XU24. W WIZwTSS VdHEE.ECiF, the Bloard and the; Developer bavecaused this Agreement to be executed by their d.uay authorizecl regreseni-Attives thisdlay of� . /,2014. SIGNED Lid TI3I��I��:SEN(�E Cih: ---- ------------ a---------------------- Printed -------Printed Name: ,1 /i_L__ K' t�P t L -'` J------- Printed Naroe: Printed Name: � 1� Printed Name: ATTEST: D WIGWr E,. mtoc-u:, CL:F;IFE[,: B•y Deputy Clerlk ....................................... - ---� Approved as to fora. and lf,;eal sufficiency: scott A 'Stolle, Assistaint County AttorflE" / 86512552 :123996.C1124- DEIVEL,CIPER:: IKE; TN is tlw,Ie lPrope Ttics, hLC, a Eit-I[xvi;Are I'An ted IiA)ility company ------------- Mi torn Flinn, R-c-sident (Provide Proper Evidence of Authority) ES��'13.C�'PJ AGENT: R octzel 49, A.ndIness, L.P.A. Print 1�darriei Title BOA.NXI OF COUNTVCOMMISSIONERS ClIF COLLIER COUNTY, FLORIDA 131 : �TCAI HENNING), C;heiirm,,an CIbALuuia.it IC;ORSII113%, IW AY Waldrop Engineering; File No. : 244-34-01, Rev00 Wastewater $290,842.00 ------------------------1111--1111 ----------------- Wate!r $15-7,611.00 ------------------------------------------------ Sub-Tota $ZPW3,4-s-I.00 ------------------------------ -----------1111---- Earth'Nork. $25,031.25 ----------------------11111111--1111 ----------------- Pavi n;g $-351,4-95.00 ------------------------------ ----------------- Dr'ainage $:182,5'Sl&00 ----------------------------------- Code Minimum Landscaping $93,1598.00 ------------------------1111--1111 ----------------- Irrigat:ion ,124,927.50 ----------------------------------- Li fr, h 1: i n g ----------------------------- ----Lighl:ing $62,5130.00 ------------------------------ 4 ----------------- :Sub=Total I ",,:L,C14i0,241-9.75 ____Total ;):1,4•EIft,70i 75 ---------------1111---- ------------------------------J--1111-44111111-121.7--- Notes: 1) This Opiinion of Probable Cost (OPC) shall be used for budf;E ting purposes only. 2) This OPC iS brised on the ergineer's understandirig; of the Currert rules, regulations, ordinances, and construction costs in effect: on the date of this CIOCUITIent. Interpretations of tl-1e5e zonstruction costs may affect th's OPC, and may re-ClUire adjusti-nent:s to delete, deiTeaSE!, or increase portions of this OPC.. 3) All costs provided in this OPC are based an recent certnacl: prices, or the engineer's latest: <noNrn unit costs. These costs cannot: be guarant:eeCl at this time due to unpredictable and uncontrollable Increases in the cost of concrete, petroleum, or the availability of materials and labor. 4) Does not include permit fees or scft casts. 5) Does not include enhanced landscape- or hardscape 1`eat:ures. A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA AUTHORIZING FINAL ACCEPTANCE OF CERTAIN ROADWAY AND DRAINAGE IMPROVEMENTS IN CORSICA AT TALIS PARK, ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 57, PAGES 42 THROUGH 46; RELEASE OF THE MAINTENANCE SECURITY; AND ACCEPTANCE OF THE PLAT DEDICATIONS WHEREAS, the Board of County Commissioners of Collier County, Florida, on November 18, 2014, approved the plat of Corsica at Talis Park for recording; and WHEREAS, the Developer has constructed and maintained the roadway and drainage improvements in accordance with the approved plans and specifications as required by the Land Development Code (Collier County Ordinance No. 04-41, as amended); and WHEREAS, the Developer is requesting final acceptance of the roadway and drainage improvements and release of his maintenance security; and WHEREAS, the Development Review Division has inspected the roadway and drainage improvements, and is recommending acceptance of said facilities. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that final acceptance is hereby granted for those roadway and drainage improvements in Corsica at Talis Park , pursuant to the plat thereof recorded in Plat Book 57, pages 42 through 46, and the Clerk is hereby authorized to release the maintenance security. BE IT FURTHER RESOLVED AND ORDERED that Collier County accept the plat dedications and that the roadway and drainage improvements within Corsica at Talis Park will be maintained privately in the future and will not be the responsibility of Collier County. 9 This Resolution adopted after motion, second and majority vote favoring same, this day of , 2017. DATE: BOARD OF COUNTY COMMISSIONERS ATTEST: COLLIER COUNTY, FLORIDA DWIGHT E. BROCK, CLERK By: Deputy Clerk PENNY TAYLOR, CHAIRMAN Approved as to form and legality: Scott A. 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